Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Moody v. Huntington Ingalls Inc.

United States Court of Appeals, Fourth Circuit

January 3, 2018

RUSSELL L. MOODY, Petitioner,
v.
HUNTINGTON INGALLS INCORPORATED; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents.

          Argued: October 25, 2017

         On Petition for Review of an Order of the Benefits Review Board. (15-0314)

         ARGUED:

          John Harlow Klein, MONTAGNA KLEIN CAMDEN LLP, Norfolk, Virginia, for Petitioner.

          Christopher R. Hedrick, MASON, MASON, WALKER & HEDRICK, PC, Newport News, Virginia, for Respondent Huntington Ingalls Incorporated.

         ON BRIEF:

          Jonathan H. Walker, Bradley D. Reeser, MASON, MASON, WALKER & HEDRICK, PC, Newport News, Virginia, for Respondent Huntington Ingalls Incorporated.

          Before GREGORY, Chief Judge, NIEMEYER, and AGEE, Circuit Judges.

          GREGORY, CHIEF JUDGE

         Russell L. Moody, a shipyard employee, suffered a workplace injury but did not undergo surgery until after he retired. He sought disability benefits for the two-month, post-surgery period during which he was not medically cleared for work. The Department of Labor's Benefits Review Board denied his disability claim under the Longshore and Harbor Workers' Compensation Act (the "LHWCA" or "Act"). 33 U.S.C. §§ 901, 902(10), 908. The sole question on appeal is whether voluntary retirement before the onset of a workplace injury's debilitating effects precludes the existence of a "disability." 33 U.S.C. § 902(10). We hold that it does not and reverse and remand.

         I.

         A.

         Appellant Russell Moody began working for Appellee Huntington Ingalls Inc. ("Huntington") in 1966, when he was only 20 years old. He continued to work for Huntington for 45 years, as a rigger, a welder, and a truck driver. In June 2011, Huntington assigned Moody to a new shift. On Aug. 1, 2011, unhappy with the shift, Moody gave his requisite 90-day notice of retirement, effective Oct. 31, 2011.

         During that 90 day-window, on Sep. 19, 2011, Moody injured his right shoulder in the shipyard. While using the steering wheel of his truck to pull himself into the driver's seat, Moody tore his rotator cuff along with other parts of his shoulder. Even though the injury required surgery, Moody continued to work ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.